Prosecutors can sometimes get away with misconduct as it is extremely difficult to prove that misconduct had actually taken place. Often times the prosecutor is viewed as being on the side of justice and as a result it is difficult for the defendant (who is accused of a crime) to turn the tide against the prosecution. Although during the trial both the defense as well as the judge may report a prosecutor for misconduct, this rarely happens as these reports are often dismissed. This is because as long as the prosecutions misconduct does not affect the outcome of the case, then it is tolerated, meaning that a prosecutor can harass a witness or the defendant so long as the harassment did not have anything to do with the outcome of the trial. The fact that the prosecutor works in the interests of the state can be seen as the underlying factor here.
There has been many a time in my life, as I’m sure there has been in everyone else’s, that being given the second chance has made the difference. But I do believe, however trite this may sound, that if you do an adult crime, you do adult time. Minors that commit certain serious crimes should be tried as adults. Some youths are even known to commit crimes without thought because they know they cannot be tried as adults. Violent, preventable crimes by minors have long plagued America’s larger cities but have scarcely been punished because of the age of the perpetrators.
Community standards were upheld by Justice Finnane DCJ. At the time of the sentencing, society was strongly against gang rapes as there was considerably more media coverage of gang rapes than in previous times. The problem that arose after the reduction of the sentence was that it discouraged other victims of sexual assault from reporting incidents as the legal process for the R v Skaf case was lengthy and emotionally traumatic. Therefore by reducing the sentence victims may see it as a waste of time and a blow to their emotions and mental state. In this aspect justice has not been achieved for other victims of sexual assault.
(Popular Misconceptions About the Death Penalty, n.d.). One of the reasons that cause these mistakes is the poor representation in courts (Facts & Figures, n.d). Lot of people who are trialed for the capital punishment cannot pay for their own lawyers and governments have to appoint lawyers for them. In many instances, the appointed lawyers are underpaid and lack the necessary experience for the capital punishment cases. This results in poor representation of convicted people in courts and unfair verdicts.
The 15 marker for crime was by far the one that threw everyone off, including myself. "Explain the tension between community interests and individual rights and freedoms within the criminal justice system." My argument was a little weak but I talked about; -police powers and their investigation process - also how inadmissible evidence of DNA could hinder ones freedoms (I used a statistic) and also how police may abuse their discretionary powers - eg. keep the accused in interrogation for more than 4 hrs without the court-approved extension of 8 hrs -also the criminal trial process - the perceived success of the adversary system where both parties present their oral arguments - but still the fact that the individual is deprived of inequity of distribution of skills, resources and knowledges - I underpinned my contemporary case R v.
Gianna Bianca 04/04/2013 Protecting the Children with Jessica’s Law Every two minutes in the United States, someone is sexually abused. 44% of these victims are under the age of 18 years old (CDC). These statistics are bold, but even worse – these crimes can be prevented. Crimes against children that involve sexual abuse can be prevented in one giant way: by keeping the predators in prison there they belong. This seems like a no brainer, however some judges and members of senate disagree that these illicit crimes are punishable by lengthy sentences and strict court conditions.
There should also be an increased use of ADR in courts those tribunals for civil cases. ADR is a great way to solve civil cases not everyone has the money to go court so ADR is an option in civil cases. A problem that may affect the access of the legal system is the strict rules of evidence resulting in useful evidence being inadmissible. Evidence such as stolen evidence cannot be used in court it could be very useful in get to the bottom of a case but it inadmissible because it was stolen. There are also difficulties with witnesses giving evidence.
Drivers are arrested daily, some being first time offenders while many are repeat offenders. Although laws differ from state to state here is a typical routine facing repeat offenders “Getting an attorney in hopes of getting a reduced a reduced sentence or pleading to a reduced charge is a waste of time and money in many states. The penalties that the judge must impose are mandated by state law. In some states even first offenders may be facing license suspensions and a weekend in jail” is quite lenient in my opinion. “Many states have passed a Habitual violator law, which provide felony penalties for three Dui convictions.
One in every 100 adults in the United States is incarcerated according to the PCS. The Pew Center on the States (PCS) conducts credible research and analyzes states’ experiences to determine what works and what does not work. Overcrowding has been a problem in the United States for many years. The government has tried different ways to fix it, but it has steadily gotten worse. Overcrowding has become a major issue in the United States mainly because nonviolent drug addicted offenders are repeating behaviors and ending up in jail.
Donna King (Smart Justice) described her experience in jail as “Each prison sentence I went through, my crimes got bigger. I started to learn new things about crime.” While the criminal is in prison they cannot commit crimes, however, when released a large number (44% of Victorian prisoners) reoffend, are caught, and jailed again. Society needs to accept that for the vast majority of criminals, there is no magic wand that can be waved to make them see the error of their ways and lead a crime-free life. They are unable - and do not want - to hold down a regular job; they see crime as a way of life, a source of